Take politics out of bail reform efforts

You can’t throw an acorn these days without hitting a political ad or flyer in support of or opposed to a candidate.

The modern election process shows democracy at its best, and its worst.

At their best, elections are an opportunity for the voters to pick leaders who will represent their interests and values on the issues facing the state. At their worst, modern elections, filled with soundbites rather than substance and pandering rather than discussion reduce complex issues worthy of public debate to checkmarks and over-generalizations based on colors of the even more basic terms of “us” versus “them.”

Bail reform is one of the issues that has been batted around like a volleyball during this election cycle. The issue has been further highlighted with the murder trial of Darrell Brooks. Brooks is defending himself against six counts of first degree intentional homicide and dozens of other charges related to carnage that occurred at the Waukesha Christmas Parade last year when a driver broke through barricades and ran down parade participants and onlookers.

The pundits have been making political hay that Brooks was out on bail at the time of the incident. It can be universally agreed that Brooks should never have been let out on the streets based on the severity of his crime and the outstanding warrants against him. Unfortunately, the justified outrage over this horrific situation has obscured the need for a real discussion regarding the continued use of cash bail in Wisconsin.

The sole purpose of bail is to serve as a guarantee that a suspect shows up for their trial. If the suspect doesn’t show up, they are out the money.

The problem with the current bail system is that cash becomes the get out of jail card. Those with access to the bail money are quickly back on the streets, regardless of the severity of their offense, while those without the means to pay bail sit in custody unable to work, to pay their bills or support their families.

Since at least 2018, the Wisconsin State Bar has called for the end of cash bail and advocated for a more risk-based approach for the release of suspects prior to trial. The nonpartisan association, which serves as the regulatory body for lawyers in the state, went even further at their recent fall meeting supporting “reforming bail and pretrial detention laws to consider risk as the basis for pretrial detention. The State Bar supports bail and pretrial detention policies that reduce disparities based on poverty and race.”

The political challenge is for the state legislature to have a grown-up discussion on solutions to fix problems inherent in the current bail system. Instead, judging by the political rhetoric and rancor, regardless of the outcome of the election any real reform will be a fading hope for fear of being labeled as being soft on crime.

Regardless of the outcome of next month’s election, voters must demand their state elected officials set aside the political games and name calling and address how to fix the problems inherent in the current bail system so that public safety is maintained regardless of how deep the pockets of the offenders may be.

Members of The Star News editorial board include Publisher Carol O’Leary, General Manager Kris O’Leary and News Editor Brian Wilson.